Case Explained: United States v. Hahn

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-08-07 The tenth-circuit affirmed the district court’s dismissal of Marcus Hahn’s second-or-successive § 2255 habeas motion. While the court held that Hahn successfully satisfied the jurisdictional gatekeeping requirements of 28 U.S.C. § 2255(h) by demonstrating that his claim relied on *Sessions v. Dimaya*—a new rule of constitutional law regarding the vagueness of 18 U.S.C. § 16(b)’s residual clause that is retroactive to collateral review—the court ruled that the motion was barred by AEDPA’s one-year statute of limitations under 28 U.S.C. § 2255(f). The court applied the “miscarriage-of-justice” exception to the statute of limitations, which requires a credible showing of actual innocence. The court held that for a plea-bargaining defendant, this standard mandates proving actual innocence not only of the challenged convictions but also of any equally serious or more serious charges dismissed by the government as part of the plea deal. In this case, Hahn’s § 841 convictions were based on a crime of violence categorization invalidated by *Dimaya*, but his plea agreement involved the dismissal of two counts of sexual exploitation of minors under 18 U.S.C. § 2251(a). The court determined that these dismissed charges were at least equally serious to the § 841 convictions, as both carried a maximum statutory penalty of twenty years’ imprisonment and minimum fines. Because Hahn failed to demonstrate actual innocence regarding the dismissed § 2251 charges, he was ineligible for the miscarriage-of-justice exception. The practical consequence is that Hahn’s habeas motion remains dismissed with prejudice, his convictions stand, and he must continue serving his sentence. The court did not reach the merits of whether the sentencing court relied on the residual clause versus the elements clause, as the timeliness bar was dispositive. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.